Opinion
Appellate case number: 01-17-00327-CVAppellate case number: 01-17-00328-CVAppellate case number: 01-17-00329-CV
08-18-2017
In the Interest of K.P.M, a child; In the Interest of M.K.F. and S.M.F., children; In the Interest of S.L.F., A.D.T. and A.A.T., children
ORDER Trial court case numbers: 2016-16344; 2010-26768; 2015-43569 Trial court: 310th District Court of Harris County
No appellant's brief has been filed in these appeals. Appellant is allegedly represented by Chad H. Jordan. On June 22, 2017, this Court issued an order in all three appeals, advising that the notices of appeal were filed two days late and, although an extension is implied under Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997), appellant must offer a reasonable explanation for the delay in filing the notices. Accordingly, we stated that we would dismiss the appeals unless motions were filed within ten days providing a reasonable explanation for the untimely notices of appeal. No response was filed.
On August 7, 2017, this Court issued another order in all three appeals, reiterating the requests from the June 22nd orders and giving appellant another 36 hours to file motions with a reasonable explanation why the notices of appeal were not timely filed in these appeals. We also stated that, if counsel no longer represents appellant, he should immediately notify the Court. Counsel again did not respond. Appellant filed a handwritten response (a copy of which is attached), stating that her attorney told her he had filed an appeal, but that she called the court of appeals and no appeal had been filed. She claimed that her attorney explained that there must have been a mix up and that he had filed it, but that he would resubmit everything.
Accordingly, we order the trial court to hold an emergency hearing by Friday, August 25, 2017 and
1. order appellant's counsel, Chad H. Jordan, to appear and explain why he did not timely file the notices of appeal; and
2. if necessary, determine if appellant can retain new counsel or if new counsel should be appointed.
The trial court should consider this Court's statutory deadlines for accelerated disposition of appeals from orders terminating parental rights and to order counsel to file an appellant's brief in these appeals within 20 days of the hearing or no later September 14, 2017. No extensions will be granted absent a showing of exceptional circumstances.
The trial court shall cause a supplemental clerk's record containing its findings and recommendations, including the name, address, telephone number, and State Bar number of any appointed counsel, and the reporter's record of the hearing to be filed in this Court no later than September 14, 2017.
It is so ORDERED. Judge's signature: /s/ Harvey Brown
[v] Acting individually [ ] Acting for the Court Date: August 18, 2017